Jump to content


Surfer01

Private land and contracts - a different angle

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2464 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Perhaps those more versed in law can decide on the legal aspects of the following question;

 

A retailer advertises in the local rag making an offer, you then accept the offer by visiting the store and purchasing goods. I assume at that point that there is a contract in place as an offer was made and then accepted. The retailer has not attached any terms and conditions relating to parking on their private land. I would assume that the retailer is now the principle in the agreement or contract.

However while parked on their land you are issued with a "ticket" by the PPC monitoring the parking area for the retailer because you overstayed by 20 minutes while concluding the contract. On entering the parking area although there are numerous signs at the entrance to parking area, you did not read the signs as nothing was mentioned in the offer about parking conditions. By the way how many reasonable people stop and read these signs fully?

As you never read the sign technically you have not agreed to any contract or terms and conditions. Also the PPC is a sub-contractor to the retailer who made the offer and is not a principle in the original contract therefore I would assume that the first contract would over ride the second contract.

Would you be able to use any of the above as part of a defence in case involving parking on private land?

Share this post


Link to post
Share on other sites

"A retailer advertises in the local rag making an offer" An offer of what exactly ?Aadverts just show prices. How (do you believe that) an advert can form a contract ? A merchant can refuse to sell to anyone and the sale contract only happens, if it happens, in the store.

Share this post


Link to post
Share on other sites
Perhaps those more versed in law can decide on the legal aspects of the following question;

 

A retailer advertises in the local rag making an offer, you then accept the offer by visiting the store and purchasing goods. I assume at that point that there is a contract in place as an offer was made and then accepted. The retailer has not attached any terms and conditions relating to parking on their private land. I would assume that the retailer is now the principle in the agreement or contract.

However while parked on their land you are issued with a "ticket" by the PPC monitoring the parking area for the retailer because you overstayed by 20 minutes while concluding the contract. On entering the parking area although there are numerous signs at the entrance to parking area, you did not read the signs as nothing was mentioned in the offer about parking conditions. By the way how many reasonable people stop and read these signs fully?

As you never read the sign technically you have not agreed to any contract or terms and conditions. Also the PPC is a sub-contractor to the retailer who made the offer and is not a principle in the original contract therefore I would assume that the first contract would over ride the second contract.

Would you be able to use any of the above as part of a defence in case involving parking on private land?

 

I get exactly what you mean Surfer01, and I would say it could be a good arguing point against the 'highway robbers'.

If you read and understand a 'contract' and agree to be bound by the terms thats fine. But if you don't read a 'contract' and dont even know it existed, how can you have agreed to it???? As you say, the contract is really with the person who is supplying the goods and the land owner from whom you purchased goods from in their store.

Share this post


Link to post
Share on other sites
"A retailer advertises in the local rag making an offer" An offer of what exactly ?Aadverts just show prices. How (do you believe that) an advert can form a contract ? A merchant can refuse to sell to anyone and the sale contract only happens, if it happens, in the store.

 

Surely an advertisement is stating the the retailer is making an offer? They are offering to sell it. From the points you raised how can a PPC believe that you have accepted their contract because you read their sign?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...